Unicolors, Inc. v. Iconix Brand Group, Inc. et al

Filing 11

[In Chambers] Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause, in writing, on or before March 9, 2016, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.:

Title:

CV 16-00446-AB (AJWx)

Date:

February 24, 2016

Unicolors, Inc. v. Iconix Brand Group, Inc. et al

Present: The Honorable

ANDRÉ BIROTTE JR.

Carla Badirian

N/A

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Appearing

None Appearing

Proceedings:

[In Chambers] Order To Show Cause Regarding Dismissal for Lack of
Prosecution

Plaintiff(s) are ORDERED to show cause why this case should not be dismissed, for lack of prosecution.
Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution
on its own motion).
In the present case, it appears that one or more of these time periods has not been met. Accordingly, the
Court, on its own motion, orders plaintiff(s) to show cause, in writing, on or before March 9, 2016, why
this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of
Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The
Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to
this Order to Show Cause will be deemed consent to the dismissal of the action.
Defendant(s) Iconix Brand Group, Inc.; KMART Corporation did not answer the
complaint, yet Plaintiff(s) have failed to request entry of default, pursuant to Fed. R. Civ. P.
55(a). Plaintiff(s) can satisfy this order by seeking entry of default or by dismissing the
complaint.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk CB